C/SCA/8159/2022 ORDER DATED: 30/01/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8159 of 2022
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KAMLESHKUMAR RAMJIBHAI PARIKH
Versus
STATE OF GUJARAT
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Appearance:
MR HEMANT MAKWANA(3622) for the Petitioner(s) No. 1
for the Respondent(s) No. 1
LAW OFFICER BRANCH(420) for the Respondent(s) No. 2,3
MR HEMANG M SHAH(5399) for the Respondent(s) No. 2,3
MR MANISH J PATEL(2131) for the Respondent(s) No. 5,7,8
NOTICE SERVED BY DS for the Respondent(s) No. 1,4,6
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
Date : 30/01/2023
ORAL ORDER
1. At the outset, learned advocate Mr.Makwana, appearing for the petitioner has submitted that the matter can be disposed of by directing the respondent No.2 to consider the case of the petitioner for the promotion to the post of Deputy Registrar in light of the judgment dated 28.02.2022 passed in Special Civil Application No.12972 of 2021. Learned advocate Mr.Makwana, has further submitted that as on today, one post of Deputy Registrar is still vacant.
2. Learned advocate Mr.Shah, appearing for the respondent Nos.2 and 3 has submitted that the petitioner has already filed a representation dated 02.09.2021, which is still pending.
3. Under the circumstances, the respondent No.2 is directed to decide the representation of the petitioner in light of the Page 1 of 2 Downloaded on : Tue Jan 31 20:46:52 IST 2023 C/SCA/8159/2022 ORDER DATED: 30/01/2023 judgment dated 28.02.2022 within a period of twelve (12) weeks from the date of receipt of writ of order of this Court.
4. It is clarified that while deciding the aforesaid representation, the respondent No.2 shall consider the judgment dated 28.02.2022 passed in Special Civil Application No.12972 of 2021 and in case, it is found that the ratio of the said judgment is applicable to the petitioner and the petitioner is entitled to similar treatment, necessary orders deciding his representation shall be passed.
5. With these observations, the writ petition stands disposed of.
Direct Service is permitted.
(A. S. SUPEHIA, J) MB/ 83 Page 2 of 2 Downloaded on : Tue Jan 31 20:46:52 IST 2023